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Terms and Conditions ‘My Auctioneer’

Effective Date: 01/09/2024

Update : 30/04/2025

1. Introduction           

Welcome to Auctioneer! By using our software-as-a-service (SaaS) platform ("Service" or "Auctioneer"), you agree to comply with these Terms and Conditions ("Terms") and enter into a legally binding agreement with Auctioneer, a Belgium-based company. These Terms govern your access to and use of the Service, regardless of whether you are accessing it under a free trial, beta testing, paid subscription, or any other arrangement. If you are using our Service on behalf of an organization, you confirm that you have the authority to bind the organization to these Terms.

If you disagree with any part of these Terms, you may not use the Service.

2. Definitions

  1. Auctioneer: Refers to the SaaS platform owned by Auctioneer, designed to provide data aggregation, market analytics, and predictive modelling to assist Users in making informed decisions in high-speed sectors.
  2. User: Any individual or entity, including authorized representatives of such entities, who accesses or uses Auctioneer’s platform.
  3. Data: Any data collected by Auctioneer or provided by the User, including historical and predictive analytics data for business intelligence.
  4. Subscription Term: The period during which the User has subscribed to the Service.
  5. Confidential Information: Any non-public information provided by Auctioneer or the User in connection with the Service, which includes proprietary and sensitive information about business, technical, and operational practices.
  6. Service Data: All data, metrics, reports, or analytical results produced by Auctioneer from User data or data obtained through the Service.

3. Service Provided

Auctioneer provides a SaaS platform that allows Users to access, aggregate, and analyze data for strategic decision-making in high-speed sectors like Fast-Moving Consumer Goods (FMCG) and other fast paced markets. The Service includes:

  • Data Aggregation: Compilation of data collected from various verified sources.
  • Custom Filtering: Tools for Users to filter and display data according to specific requirements.
  • Historical Data Access: Access to past data for trend analysis and historical context.
  • Predictive Modelling: Data-driven insights and trend forecasts to support strategic planning and decision-making.

4. License to Use the Service

Auctioneer grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service solely for your internal business purposes. This license does not grant you any ownership rights to the Service, Auctioneer’s technology, or any associated content. Any misuse or unauthorized use of the Service, as described below, will result in immediate suspension or termination of access.

5. User Responsibilities and Obligations

As a condition of your use of Auctioneer, you agree to:

  1. Provide Accurate Information: Ensure that all information provided during registration and use of the Service is accurate, complete, and up-to-date.
  2. Compliance with Laws: Use the Service only in compliance with all applicable laws and regulations.
  3. Account Security: Maintain the confidentiality of your account credentials and notify Auctioneer immediately of any unauthorized use of your account.
  4. Prohibited Activities:
    • Attempting to reverse-engineer, decompile, or disassemble any part of the Service.
    • Using the Service to engage in or promote illegal or unauthorized activities.
    • Engaging in any activity that disrupts or interferes with the Service, including the use of automated systems or bots.

6. Data Collection and Usage

Auctioneer is committed to protecting your privacy and handling your personal data in accordance with the General Data Protection Regulation (GDPR). 

Please refer to our Privacy Policy for detailed information on how we collect, use, and safeguard your data.

6.1 Data Ownership and Controller/Processor Roles 

a. User Data: As between you and Auctioneer, you retain ownership of all personal data you upload or provide to the Service ("User Personal Data"). You act as the Data Controller for this User Personal Data. You grant Auctioneer a limited, non-exclusive license to access, process, analyze, and aggregate this User Personal Data solely for the specific purposes outlined in these Terms and our Privacy Policy, which are necessary for us to provide the Service and associated analytics to you. 

b. Service Data: Data derived by Auctioneer from the processing, analysis, or aggregation of User Personal Data, as well as any anonymized or aggregated data created by Auctioneer through the Service that does not directly identify individual users ("Service Data"), is owned by Auctioneer. Auctioneer acts as the Data Processor with respect to User Personal Data and the Data Controller with respect to Service Data.

 

6.2 Purposes of Processing User Personal Data

 We process User Personal Data for the following specific purposes: * To provide you with access to and functionality of the Auctioneer platform, including data aggregation, custom filtering, historical data access, and predictive modelling features (Legal basis: Performance of a contract). * To personalize your experience within the Service and tailor the analytics and insights provided to your specific needs and preferences (Legal basis: Legitimate interests - improving user experience and service relevance). * To communicate with you regarding your account, provide support, and respond to your inquiries (Legal basis: Performance of a contract and Legitimate interests - providing customer support). * To analyze usage patterns and improve the functionality, security, and performance of the Service (Legal basis: Legitimate interests - service improvement and security). * To generate anonymized and aggregated Service Data for our internal business purposes, such as research and development and improving our models (Legal basis: Legitimate interests - business development and service improvement). * To comply with applicable legal and regulatory obligations (Legal basis: Compliance with a legal obligation). 


6.3 User Responsibilities and Legal Compliance

You are solely responsible for ensuring that: * You have a lawful basis under GDPR (e.g., consent, legitimate interest, contract) for providing any personal data to Auctioneer. * You have obtained all necessary consents and rights to upload and process any personal data within the Service, including ensuring that the data does not infringe upon the rights of data subjects. * The personal data you provide to us is accurate and kept up-to-date. Auctioneer is not responsible for independently verifying the lawfulness or accuracy of User Personal Data you upload. 


6.4 Data Security

 We implement and maintain appropriate technical and organizational measures to protect User Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. Details of these measures are outlined in our Privacy Policy. 


6.5 Data Retention

 We will retain User Personal Data only for as long as necessary to fulfill the purposes outlined in these Terms and our Privacy Policy, or for a longer period if required by law. Specific retention periods for different categories of personal data are detailed in our Privacy Policy. 


6.6 Your Data Protection Rights

As a data subject, you have certain rights under GDPR regarding your User Personal Data, including the rights to access, rectify, erase, restrict processing, object to processing, and data portability. Information on how to exercise these rights is provided in our Privacy Policy.


6.2 User Data Rights and Responsibilities

Users are responsible for securing all necessary permissions and rights to upload data to the Service and for ensuring that the data does not violate any third-party rights. Auctioneer is not responsible for verifying the legality of User-uploaded data.

7. Privacy and Data Protection

Auctioneer processes data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR). For details on how data is handled, please refer to our [Privacy Policy].

  1. Data Processing: Auctioneer processes data solely for the purposes of providing, enhancing, and supporting the Service.
  2. User Rights: Users have rights over their data, including the right to access, rectify, delete, or restrict processing of their personal data.
  3. Data Security: Auctioneer employs industry-standard security measures to protect User data. However, no transmission of data over the internet can be guaranteed to be completely secure.

8. Confidentiality

Both Auctioneer and the User agree to treat any non-public information disclosed in relation to the Service as Confidential Information. This includes business, technical, and strategic information that a reasonable person would recognize as confidential. Each party agrees not to disclose or use the Confidential Information of the other party except as necessary to fulfill obligations under these Terms.

We understand that User Personal Data is sensitive and will treat it with the utmost confidentiality, in accordance with our Privacy Policy and applicable data protection laws, including GDPR.

9. Intellectual Property

  1. Auctioneer’s Intellectual Property: All rights, title, and interest in and to the Service, including but not limited to software, algorithms, methodologies, and aggregated data, belong to Auctioneer.
  2. License Limitations: Users may not sublicense, resell, transfer, or make the Service available to any third party. Any attempt to do so is a violation of these Terms.
  3. User Feedback: Any feedback, suggestions, or improvements provided by Users are considered non-confidential and may be used by Auctioneer for any purpose.


10. Third-Party Integrations and Data Sources

Auctioneer may integrate or use third-party data sources within the Service to enhance data aggregation and analytics. Auctioneer does not guarantee the accuracy, completeness, or reliability of third-party data and is not responsible for third-party sites or services linked to or accessed through the Service.

Our Service may integrate with third-party services and data sources. Please be aware that these third parties may have their own privacy policies and practices, which we encourage you to review. Where our integrations involve the sharing of User Personal Data, we will ensure this is done in accordance with our Privacy Policy and GDPR.

11. Disclaimer of Warranties

The Service, including all data and insights provided, is offered “as-is” and “as available.” Auctioneer disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Auctioneer does not warrant that:

  1. The Service will be uninterrupted, error-free, or free from harmful components.
  2. The data provided will be accurate, complete, or reliable.

Users are responsible for validating the accuracy of the information and making independent decisions based on Auctioneer’s insights.

12. Limitation of Liability

To the fullest extent permitted by law, Auctioneer’s liability for any claims, damages, or losses shall be limited to the amount the User has paid to Auctioneer in the 12 months preceding the event. Auctioneer is not liable for:

  • Any indirect, incidental, special, consequential, or punitive damages.
  • Losses due to data inaccuracies, security breaches, or unauthorized access.
  • Interruptions to the Service caused by factors beyond Auctioneer’s control.

13. Indemnification

Users agree to indemnify and hold Auctioneer harmless from any claims, damages, losses, or expenses arising from:

  1. User’s use of the Service.
  2. Violation of these Terms.
  3. User’s breach of data protection laws, intellectual property laws, or third-party rights.

14. Subscription, Fees, and Payment Terms

Auctioneer provides the Service on a subscription basis. Fees and payment schedules are defined based on the selected subscription plan.

  1. Billing: Subscription fees are due at the beginning of each billing cycle and are non-refundable.
  2. Late Payments: Any overdue payments may result in suspension or termination of access to the Service until outstanding amounts are settled.
  3. Plan Modifications: Auctioneer reserves the right to change fees and service offerings with advance notice.

15. Term and Termination

  • Term: These Terms remain effective for the duration of your Subscription Term.
  • Termination by Auctioneer: Auctioneer may suspend or terminate access to the Service without notice if a User breaches these Terms.
  • Termination by User: Users may terminate their subscription by notifying Auctioneer in writing. Upon termination, access to User data may be restricted, and Auctioneer reserves the right to delete or anonymize User data after termination.

16. Amendments to Terms

Auctioneer reserves the right to modify or update these Terms at any time. Changes will be communicated through the Service or via email. Continued use of the Service after updates to the Terms signifies acceptance of the new conditions.

17. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of Belgium. Any disputes arising from these Terms or the Service shall be resolved through arbitration in Belgium, in accordance with Belgian arbitration laws. Users consent to the exclusive jurisdiction of Belgian courts for any disputes that cannot be resolved by arbitration.

18. Force Majeure

Auctioneer shall not be liable for any delays or failures in performance due to events beyond 

its reasonable control, including natural disasters, acts of terrorism, labor disputes, power outages, internet disruptions, or other circumstances that make it impractical to continue service.

In the event of a Force Majeure event, Auctioneer will make reasonable efforts to notify Users and take appropriate measures to mitigate service impact, but is under no obligation to restore service until the event has passed.

19. User Conduct and Acceptable Use Policy

19.1 User Conduct

Users agree to use Auctioneer's Service in a responsible and lawful manner. Unauthorized actions that compromise the platform’s integrity, security, or user experience are strictly prohibited. Specifically, Users agree not to:

  • Post or Share Harmful Content: Avoid uploading, sharing, or linking to content that is illegal, harmful, abusive, defamatory, obscene, invasive of privacy, or otherwise objectionable.
  • Avoid Disruptive Behavior: Refrain from any activities that might disrupt or negatively affect the performance, integrity, or security of Auctioneer, including but not limited to transmitting viruses, malware, or any malicious software.
  • Refrain from Using Automated Tools: Use of automated systems (e.g., bots, spiders, or data scraping tools) without written permission from Auctioneer is prohibited.
  • Compliance with Third-Party Policies: Abide by third-party terms of service if Auctioneer integrates with third-party services, including any data-sharing or data-access terms relevant to these integrations.

20. Account Suspension and Reactivation

20.1 Grounds for Suspension

Auctioneer reserves the right to suspend User accounts temporarily or permanently in cases where:

  • The User has breached any provision of these Terms or violated applicable laws.
  • There is a pending investigation regarding potentially illegal or unauthorized activities.
  • The User fails to comply with payment obligations, and fees remain unpaid.

20.2 Reactivation Process

To reactivate a suspended account, the User must:

  • Rectify the violations that led to suspension.
  • Contact Auctioneer’s support team to request reactivation.
  • Fulfill any other conditions set by Auctioneer, including but not limited to the payment of overdue fees or fines.

Reactivation is at Auctioneer’s sole discretion, and Auctioneer reserves the right to deny reactivation requests.

21. User Data Backup and Responsibility

21.1 User Responsibility for Data Backup

Auctioneer does not guarantee backup, recovery, or archiving services for User data uploaded or created through the Service. Users are solely responsible for creating backup copies of any essential data.

21.2 Service Limitations and Liability

While Auctioneer employs reasonable security measures to protect User data, Auctioneer shall not be liable for any loss, deletion, or corruption of data resulting from:

  • User actions, including account deletion.
  • Platform outages, maintenance periods, or technical failures.
  • Security breaches beyond Auctioneer’s control.

22. Reporting and Mitigating Violations

22.1 Reporting Violations

If a User observes any activities or content that violates these Terms, they are encouraged to report the violation to Auctioneer by contacting [support@myauctioneer.eu]. Reports should include:

  • A description of the observed violation.
  • Relevant screenshots, URLs, or other supporting documentation.

22.2 Auctioneer’s Response

Upon receiving a report of a potential violation, Auctioneer will:

  • Review the reported content or behavior within a reasonable timeframe.
  • Take appropriate action, including but not limited to content removal, account suspension, or further investigation.
  • Notify the reporting User, where appropriate, of the outcome or status of the reported violation.

Auctioneer reserves the right to determine the appropriate response to reported violations and is not obligated to take specific actions or provide detailed feedback to the reporting User.

23. Downtime, Maintenance, and Availability

23.1 Scheduled Maintenance

Auctioneer will periodically perform scheduled maintenance on the platform to ensure optimal performance and security. Users will be notified of scheduled maintenance at least 24 hours in advance via in-platform notifications or email.

23.2 Unscheduled Downtime

In the event of unforeseen technical issues or system outages, Auctioneer will work diligently to restore access as quickly as possible. Auctioneer shall not be held liable for any damages, losses, or interruptions caused by unscheduled downtime.

23.3 Service Availability

Auctioneer endeavors to maintain high availability of the Service. However, no guarantee is provided regarding uptime or accessibility. Users acknowledge that access to the Service may be temporarily restricted due to factors beyond Auctioneer’s control, such as internet disruptions, third-party server failures, or force majeure events.

24. Beta Features and Testing

24.1 Access to Beta Features

Auctioneer may offer access to beta features or functionality as part of the Service. These features are provided for testing and feedback purposes and may be unstable, incomplete, or subject to change without prior notice.

24.2 No Warranty for Beta Features

Beta features are provided "as-is" without any warranties, and Auctioneer makes no promises regarding their performance, accuracy, or compatibility. Auctioneer is not responsible for any loss, damage, or other issues resulting from the use of beta features.

24.3 User Feedback

Auctioneer may invite User feedback on beta features to improve service quality. Feedback is considered non-confidential and may be used by Auctioneer at its discretion for service development purposes.

25. Analytics and Usage Data Collection

25.1 Usage Data Collection

Auctioneer collects usage data and performance metrics for purposes such as service optimization, troubleshooting, and improving the User experience. This may include aggregated data regarding features accessed, time spent on the platform, and interaction types.

25.2 Data Anonymization and Privacy

All usage data collected is anonymized and does not identify individual Users. Auctioneer takes precautions to ensure that collected data respects User privacy and complies with applicable data protection laws.

26. Compliance with Export Control Laws

26.1 Export Compliance

The Service may be subject to export control laws and regulations, including those administered by Belgium, the European Union, and other jurisdictions. Users agree to comply fully with these laws and not to export, re-export, or otherwise transfer the Service or data in violation of any applicable export controls.

26.2 Restricted Regions

Auctioneer’s Service may not be accessible in certain restricted regions or countries subject to international sanctions or export restrictions. Auctioneer is not liable for unavailability of the Service due to such regulatory limitations.

27. Communications and Notifications

27.1 Methods of Communication

Auctioneer will use various channels to communicate with Users, including email, in-platform messages, and notifications on the Auctioneer website. It is the User’s responsibility to maintain updated contact information to receive important service-related messages.

27.2 Notifications of Changes

Users will be notified of changes to these Terms, privacy policies, or any major platform updates through the primary contact method on record. Continued use of the Service after receiving such notifications signifies acceptance of the communicated changes.

28. Limitation on Resale of Service

28.1 Non-Transferable License

The Service is provided to Users on a non-transferable, non-sublicensable basis. Users are prohibited from reselling, distributing, licensing, or otherwise making the Service available to any third party without prior written consent from Auctioneer.

28.2 Commercial Use Prohibition

Users may not use the Service for commercial purposes outside the scope defined by Auctioneer, such as reselling or offering Auctioneer services to other entities. Any such activity will result in account suspension or termination and potential legal action.

29. Entire Agreement and Severability

29.1 Entire Agreement

These Terms, together with any additional policies referenced herein (such as the Privacy Policy), constitute the entire agreement between Auctioneer and the User, superseding any prior agreements, written or oral, regarding the subject matter.

29.2 Severability

If any provision in these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full effect.


Privacy Policy for My Auctioneer

Effective Date: 01/09/2024

Last Updated: 30/04/2025

Auctioneer (“we”, “our”, or “us”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and protect personal data when you use our software-as-a-service (SaaS) platform ("Service"), as well as your rights regarding your data under applicable data protection laws, including the General Data Protection Regulation (GDPR).

By using the Service, you consent to the data practices described in this Privacy Policy.

1. Data Controller Information

Auctioneer is the data controller for all personal data processed in relation to the Service.

 Email: privacy@myauctioneer.eu

2. Data We Collect

We collect and process the following categories of data:

a. User-Provided Data

  • Registration information (e.g., name, email address, company name, role)
  • Billing and payment information
  • Uploaded data/content entered via the Service tool through mail and other means
  • Communications with our support or sales teams

b. Usage Data

  • Log data (e.g., IP address, browser type, access times)
  • Clickstream data and interactions within the platform
  • Feature usage and session statistics

c. Cookies and Tracking Technologies

We use cookies and similar technologies to enhance your experience, for analytics, and to improve the Service. See our [Cookie Policy] for more details.

3. Legal Basis for Processing

We process personal data based on the following legal grounds:

  • Performance of a contract (to deliver the Service)
  • Legitimate interests (to improve the Service, prevent abuse, and analyze trends)
  • Compliance with legal obligations
  • Consent (where required for optional services, e.g., marketing)

4. Purposes of Data Use

We use personal data to:

  • Provide, operate, and maintain the Service
  • Respond to support inquiries and feedback
  • Send administrative messages (e.g., account notifications, changes to terms)
  • Improve our platform and user experience
  • Enforce our terms and ensure security
  • Send relevant updates or promotional material (only with your consent)

5. Data Sharing and Transfers

We may share data with:

  • Subprocessors (e.g., cloud hosting, analytics providers) under strict data processing agreements
  • Authorities if legally required
  • Affiliates or successors in the event of a merger or acquisition

If we transfer data outside the European Economic Area (EEA), we ensure appropriate safeguards such as Standard Contractual Clauses.

6. Data Retention

We retain personal data only as long as necessary for the purposes outlined in this policy or to comply with legal obligations. Upon account termination, data may be deleted or anonymized unless otherwise required by law or requested by the User.

7. Data Security

We implement appropriate technical and organizational measures to protect data from unauthorized access, loss, or misuse. These include:

  • Encrypted data transmission (SSL/TLS)
  • Role-based access controls
  • Regular security assessments

Despite our efforts, no system can be guaranteed 100% secure. Users are responsible for maintaining the confidentiality of their account credentials and are advised to use 2FA.

8. Your Rights under GDPR

You have the right to:

  • Access your personal data
  • Rectify inaccurate data
  • Erase your data ("right to be forgotten")
  • Restrict processing
  • Object to data processing
  • Port your data to another provider
  • Withdraw consent where applicable

To exercise any of the above rights, please contact: privacy@myauctioneer.eu

9. Children’s Privacy

Our Service is not intended for individuals under the age of 18. We do not knowingly collect personal data from children. If we learn we have unintentionally collected such data, we will delete it.

10. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page and, where appropriate, notified to you via email or platform notification. Continued use of the Service after changes means you accept the updated policy.

11. Contact Us

If you have questions about this Privacy Policy or how we handle your data, please contact:

 privacy@myauctioneer.eu


Data Processing Agreement (DPA) for My Auctioneer

Effective Date: 01/09/2024

Last Updated: 30/04/2025

This Data Processing Agreement (“DPA”) is incorporated by reference into the Terms and Conditions between you (“Customer”) and Auctioneer (“Processor”) and reflects the parties’ agreement regarding the processing of personal data under GDPR and other applicable laws.

1. Roles of the Parties

  • Customer acts as the Data Controller
  • Auctioneer acts as the Data Processor

2. Purpose of Processing

The Processor shall process personal data solely for the purpose of providing the SaaS platform services, as detailed in the Terms and Conditions.

3. Categories of Data

  • Customer account information (name, email, company, role)
  • Pricelists and other forms of formats with their produce, products data
  • Usage logs
  • Payment-related information

4. Data Subjects

  • Customer’s employees and platform users


5. Obligations of the Processor

The Processor shall:

  • Process data only on documented instructions from the Controller
  • Ensure confidentiality of personnel
  • Implement appropriate technical and organizational security measures
  • Assist the Controller in fulfilling data subject requests
  • Notify the Controller of personal data breaches without undue delay
  • Delete or return personal data after termination of services

6. Transfers Outside the EU/EEA

Where data is transferred outside the EEA, the Processor shall ensure adequate protection (e.g. via Standard Contractual Clauses or an adequacy decision).

7. Audit Rights

The Controller may audit the Processor’s compliance with this DPA upon reasonable notice and during normal business hours, subject to confidentiality obligations.

8. Liability

Each party shall be liable for its own breaches of this DPA and applicable data protection laws.

9. Term

This DPA shall remain in effect as long as the Processor processes personal data on behalf of the Controller.

10. Contact

Data Protection Contact: privacy@myauctioneer.eu